In the case where a manufacturer of gasoline ships out gasoline that is to be used for a use specified by Cabinet Order as a use directly for manufacture, such as a solvent for rubber (excluding a gasoline-like product deemed to be gasoline pursuant to the provisions of Article 88-6; the same applies hereinafter in this Article), and that meets the standards specified by Cabinet Order according to that use, from its manufacturing site to a place where it is used for that use, the gasoline tax and local gasoline tax on that shipment out are exempted.
The provisions of the preceding paragraph do not apply in the case where the manufacturer of gasoline that has made the shipment out referred to in that paragraph does not attach, to the return under the provisions of Article 10, paragraph (1) of the Gasoline Tax Act for the month that includes the day on which it made that shipment out, a written statement concerning the shipment out of that gasoline and the documents specified by Cabinet Order as documents proving that the gasoline falls under gasoline to be used for the use prescribed in the preceding paragraph and that the gasoline has been brought into a place where it is used for the use prescribed in that paragraph.
The provisions of Article 14, paragraphs (3) and (4) of the Gasoline Tax Act apply mutatis mutandis to the case referred to in the preceding paragraph.
揮発油税法第十四条第三項及び第四項の規定は、前項の場合について準用する。
The provisions of Article 14, paragraph (7) and Article 24 of the Gasoline Tax Act and Article 74-5, item (ii) (excluding (d)), Articles 74-8 through 74-11 and Article 74-13 of the Act on General Rules for National Taxes apply mutatis mutandis to a person who has brought in gasoline to which the provisions of paragraph (1) have been applied, and the provisions of Article 74-5, item (ii), (d), Article 74-8 and Article 74-13 of that Act apply mutatis mutandis to a person found to be obliged to transfer gasoline to a person who has brought in gasoline to which the provisions of that paragraph have been applied or any other person found to have transactions with a person who has brought in gasoline to which the provisions of that paragraph have been applied in connection with that person's business, respectively.
揮発油税法第十四条第七項及び第二十四条並びに国税通則法第七十四条の五第二号(ニを除く。)、第七十四条の八から第七十四条の十一まで及び第七十四条の十三の規定は第一項の規定の適用を受けた揮発油を移入した者について、同法第七十四条の五第二号ニ、第七十四条の八及び第七十四条の十三の規定は同項の規定の適用を受けた揮発油を移入した者に揮発油を譲渡する義務があると認められる者その他自己の事業に関し同項の規定の適用を受けた揮発油を移入した者と取引があると認められる者について、それぞれ準用する。
A person who has brought in the gasoline referred to in the preceding paragraph, to whom the provisions of Article 14, paragraph (7) and Article 24 of the Gasoline Tax Act and Article 74-5, item (ii) (excluding (d)) of the Act on General Rules for National Taxes apply mutatis mutandis pursuant to the provisions of the preceding paragraph, is deemed to be the person prescribed in Article 14, paragraph (7) and Article 24 of the Gasoline Tax Act and the provisions of Article 28, items (iii) and (vi) and Article 29 of that Act and Article 128 (limited to the part of item (ii) relating to Article 74-5, item (ii), (a) through (c) of that Act and the part of item (iii) relating to item (ii), (a) of that Article) and Article 130 of the Act on General Rules for National Taxes apply to that person, and a person found to be obliged to transfer gasoline to a person who has brought in the gasoline referred to in that paragraph or any other person found to have transactions with a person who has brought in the gasoline referred to in that paragraph in connection with that person's business, to whom the provisions of Article 74-5, item (ii), (d) of that Act apply mutatis mutandis pursuant to the provisions of the preceding paragraph, is deemed to be the person prescribed in (d) of that item and the provisions of Article 128 (limited to the part of items (ii) and (iii) relating to Article 74-5, item (ii), (d) of that Act) and Article 130 of that Act apply to that person, respectively.
前項の規定により揮発油税法第十四条第七項及び第二十四条並びに国税通則法第七十四条の五第二号(ニを除く。)の規定が準用される前項の揮発油を移入した者は揮発油税法第十四条第七項及び第二十四条に規定する者とみなして同法第二十八条第三号及び第六号並びに第二十九条並びに国税通則法第百二十八条(第二号中同法第七十四条の五第二号イからハまでに係る部分及び第三号中同条第二号イに係る部分に限る。)及び第百三十条の規定を、前項の規定により同法第七十四条の五第二号ニの規定が準用される同項の揮発油を移入した者に揮発油を譲渡する義務があると認められる者その他自己の事業に関し同項の揮発油を移入した者と取引があると認められる者は同号ニに規定する者とみなして同法第百二十八条(第二号及び第三号中同法第七十四条の五第二号ニに係る部分に限る。)及び第百三十条の規定を、それぞれ適用する。
In the case where the place prescribed in paragraph (1) into which gasoline falling under the provisions of that paragraph has been brought falls under any of the following places, if the manufacturer of gasoline that has made the shipment out referred to in that paragraph has, with regard to that gasoline, attached a written statement concerning the shipment out of that gasoline to the return under the provisions of Article 10, paragraph (1) of the Gasoline Tax Act for the month that includes the day on which it made that shipment out, and has, pursuant to the provisions of Cabinet Order, clarified the details showing that the gasoline falls under gasoline to be used for the use prescribed in paragraph (1) and that the gasoline has been brought into that place, the provisions of paragraph (1) apply notwithstanding the provisions of paragraph (2):
the place into which the gasoline has been brought, in the case where the person who shipped out that gasoline and the person who brought that gasoline into that place are the same;
当該揮発油を移出した者と当該揮発油を当該場所に移入した者が同一である場合における当該移入をした場所
beyond what falls under the provisions of the preceding item, a place into which the gasoline shipped out by the manufacturer of that gasoline is continuously brought, for which that manufacturer has obtained, pursuant to the provisions of Cabinet Order, the approval of the district director with jurisdiction over the location of the manufacturing site from which it makes that shipment out.
In the case referred to in Article 14, paragraph (7) of the Gasoline Tax Act as applied mutatis mutandis pursuant to paragraph (4), if the place prescribed in that paragraph is a place into which the gasoline prescribed in that paragraph is continuously brought, and the person bringing in that gasoline has obtained, pursuant to the provisions of Cabinet Order, the approval of the district director with jurisdiction over the location of that place, the submission of the documents prescribed in that paragraph is not required, notwithstanding the provisions of that paragraph.
In the case where an application for the approval referred to in paragraph (6), item (ii) or the preceding paragraph has been filed, when it is found that the facts prescribed in those provisions do not exist, or when there are circumstances in which the person who filed the application or the place to which the application relates is found to be inappropriate for securing gasoline tax and local gasoline tax, the district director may refuse to grant the approval.
When it is found, with regard to a person who has obtained the approval referred to in paragraph (6), item (ii) or paragraph (7), that the facts prescribed in those provisions have ceased to exist, or when circumstances have arisen in which that person is found to be inappropriate for securing gasoline tax and local gasoline tax, the district director may revoke the approval.
When a person who has obtained the approval referred to in paragraph (6), item (ii) or paragraph (7) no longer needs to receive the application of those provisions, the person must, pursuant to the provisions of Cabinet Order, submit a written notification stating that fact to the district director who granted that approval. In this case, when the written notification has been submitted, the approval ceases to be effective.
Beyond what is provided for in paragraph (6) through the preceding paragraph, necessary matters concerning the application of the provisions of paragraph (6) or (7) are specified by Cabinet Order.
When a person who has brought in gasoline to which the provisions of paragraph (1) have been applied consumes that gasoline for a use other than the use relating to the application of the provisions of that paragraph, or transfers it, the Gasoline Tax Act and the Local Gasoline Tax Act apply by deeming the place into which it was brought to be a manufacturing site of gasoline, that consumption or transfer to be a shipment out, and that person to be a manufacturer of gasoline. In this case, the tax base is, notwithstanding the provisions of Article 8, paragraph (1) of the Gasoline Tax Act, the quantity of that gasoline, and the return prescribed in Article 10, paragraph (1) of that Act (including a return under the provisions of Article 7, paragraph (1) of the Local Gasoline Tax Act) must be filed, notwithstanding the provisions of Article 10, paragraph (1) of the Gasoline Tax Act, within 10 days from the day on which the person consumed or transferred it, and that gasoline tax and local gasoline tax must be paid to the national government within the time limit for filing that return.
第一項の規定の適用を受けた揮発油を移入した者が当該揮発油を同項の規定の適用に係る用途以外の用途に消費し、又は譲り渡したときは、当該移入した場所を揮発油の製造場と、当該消費又は譲渡を移出と、その者を揮発油の製造者とみなして、揮発油税法及び地方揮発油税法を適用する。この場合における課税標準は、揮発油税法第八条第一項の規定にかかわらず、当該揮発油の数量とし、同法第十条第一項に規定する申告書(地方揮発油税法第七条第一項の規定によるものを含む。)は、揮発油税法第十条第一項の規定にかかわらず、その消費し、又は譲り渡した日から十日以内に提出し、当該揮発油税及び地方揮発油税は、当該申告書の提出期限内に、国に納付しなければならない。
When a transfer under the provisions of the preceding paragraph is made, with the approval of the district director with jurisdiction over the location of the place into which the gasoline was brought obtained pursuant to the provisions of Cabinet Order, for the purpose of using it for the same use as the use of the gasoline relating to that bringing in, the provisions of paragraphs (1) through (3) apply to the gasoline relating to that transfer, notwithstanding the provisions of the second sentence of that paragraph, by deeming the place into which it was brought to be a manufacturing site of gasoline, that transfer to be a shipment out, and the person who brought it in to be a manufacturer of gasoline.
前項の規定による譲渡が、政令で定めるところにより、当該移入した場所の所在地の所轄税務署長の承認を受け、当該移入に係る揮発油の用途と同一の用途に供するため行われるときは、当該譲渡に係る揮発油については、当該移入した場所を揮発油の製造場と、当該譲渡を移出と、当該移入した者を揮発油の製造者とみなして、同項後段の規定にかかわらず、第一項から第三項までの規定を適用する。